Cops under new pension scheme should be included in old system: HC

CHENNAI: The Madras High Court directed the Tamil Nadu Government to include five litigants who are Grade-II constables into the old pension scheme within 12 weeks citing that they were recruited before the implementation of the new pension scheme on August 6, 2003, and the government fixed ceiling date of April 1, 2003.

Justice N Anand Venkatesh passed the direction on allowing a batch of petitions filed by the policemen. The policemen sought direction to include them in the old pension scheme instead of the new pension scheme.

The grievance of the petitioners is that they ought to have been brought under the old pension scheme since their selection process had commenced much prior to April 1, 2003.

However, the government submitted that the Contributory Pension Scheme was brought into effect from April 1, 2003, for all the State government servants appointed on or after April 1, 2003.

"The petitioners admittedly appointed only after April 1, 2003, and they automatically come within the Contributory Pension Scheme and that they are not entitled to the old pension scheme," the special government pleader argued.

However, the petitioners submitted that there was a delay in completing the recruitment process and as a result, the appointment orders were given to the petitioners only in November 2003.

Recording the submissions, the judge held that the language in GO dated August 6, 2003, is quite clear that the old Pensions Scheme will not apply to the government servants appointed on or after April 1, 2003.

"Even though the appointment order was issued to the petitioners during November 2003, that will not in any way deprive the petitioners the benefit of the old Pension Scheme since the process of selection had commenced through notification May 25, 2002," the HC held and allowed the petitions.